Notariat and Mediation: New Opportunities of Information Technology in the Context of Competition of Legal Frameworks
The article studies certain legal aspects of the use of mediation in notarial activities. The analysis was carried out on the basis of innovations of Russian legislation in this field, which expanded the scope and possibilities of using mediation in notarial practice. At the same time, the authors analyze the possibilities of using information technology in notarial mediation. The authors conclude that it is necessary to preserve the personal and confidential nature of communication between a notary and one’s customers in this case, despite the different trend of justice in civil cases – termination of judges’ communication with participants in trials in cases of a simplified and relatively indisputable nature. In addition, the authors paid attention to the doubtful and non-obvious criteria and conclusions of the annual Doing business ratings regarding notaries, which deny legal and cultural diversity and its capabilities, including in the field of mediation. In this regard, the authors studied the results of the XXIX World Congress of the International Union of Notaries, which took place in November 2019, where all of these issues – notariat, mediation, information technology and Doing business ratings were considered as a system.